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(영문) 수원지방법원 2013.09.12 2013고단3507
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 5, 2013, at around 18:22, the Defendant taken a body part of the victim’s cell phone “D” within the “D” store located in Suwon-si B, Suwon-si, and taken the body part of the victim’s cell phone “a gallone,” in which the victim’s cell phone “C” was stored in the victim’s cell phone “B,” and then taken a siren with the victim’s cell phone “a gallone,” thereby causing sexual health against the victim’s will.

2. At around 18:38 on the same day, the Defendant, at the same time and at the same place as the preceding paragraph, activated the Handphones into a camera, followed by the said victim, who was going on the booms and escalators, sought to take the flags of the victim, and failed to bring the victim’s flags into action, and failed to bring the victim’s flags into action.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (with respect to personal information of a victim and criminal suspect's video CDs);

1. Relevant legal provisions on criminal facts, Article 13(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 1156, Dec. 18, 2012); Articles 14 and 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 201);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18,

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a judgment of conviction becomes final and conclusive on the facts constituting a crime indicated in the judgment on the registration of personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person shall submit personal information

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